Philippines

Penal Law

The Philippine legal system was a hybrid, reflecting the
country's cultural and colonial history. The system combined
elements of Roman civil law from Spain, Anglo-American common law
introduced by the United States, and the customary systems used
by minorities. The influence of Spanish law was slowly fading but
was clearly evident in private law, including family relations,
property matters, and contracts. The influence of American law
was most visible in constitutional and corporate law, and
taxation and banking
(see National Government
, ch. 4).
Evidentiary rules also were adopted from the American system. In
the Muslim areas of the south, Islamic law was employed.

Philippine law dates to the nation's independence from Spain
at the end of the nineteenth century. Statutes were enacted by
the colonial Philippine legislature (1900-35), the commonwealth
legislature (1935-46), and by the republic, beginning July 4,
1946. Many modern laws were patterned after the United States,
and United States case law was cited and given persuasive effect
in Philippine courts. As of the mid-1980s, there were twenty-six
codes in effect. These included the 1930 revised penal code, in
effect since January 1, 1932, and the civil code, which replaced
the Spanish civil code on July 1, 1950. In addition, numerous
presidential decrees issued during and after the martial law
period (1972-81) had the effect of law. During this era,
President Marcos issued more than 2,000 decrees. Although some
were rescinded by Aquino during her first year in office. Rule by
presidential decree ended in February 1987 with the ratification
of the constitution.

Substantive criminal law was embodied in the revised penal
code, as amended, and based chiefly on the Spanish penal code of
1870, which took effect in 1887. The penal code set forth the
basic principles affecting criminal liability, established a
system of penalties, and defined classes of crimes. It also
provided for aggravating and mitigating circumstances, stating,
for instance, that age, physical defect, or acting under
"powerful impulse causing passion or obfuscation" can affect
criminal liability. Insanity or acting under irresistible force
or uncontrollable fear were regarded by law as exempting
circumstances. Under the code, penalties were classified as
capital (requiring a death sentence), afflictive (six years to
life imprisonment), correctional (one month to six years), and
light (up to thirty days). These correspond to the classification
of crimes as grave felonies, punishable by capital or afflictive
penalties; less grave felonies, punishable by correctional
penalties; and light felonies, punishable by light penalties. The
1987 constitution, however, outlaws the death penalty unless
provided for by subsequent legislation.